HomeMy WebLinkAboutResolution - 102375D - Agreement - UMT Capital Grant Project - 10_23_1975JWF:cab
RESOLUTION
/023o5 a
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorize
and directed to execute for and on behalf of the CITY OF LUBBOCK an
URBAN MASS TRANSPORTATION AMENDATORY AGREEMENT to be
entered into by and between said CITY and the UNITED STATES OF AMERIC
amending a MASS TRANSPORTATION CAPITAL GRANT CONTRACT betweei
the same parties dated December 17, 1974, so as to revise the type of
transportation equipment being purchased as set forth in said AMENDATORY
AGREEMENT, attached herewith which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of October , 1975.
ROY AASS, MAYOR
ATTEST:
r 1
Treva Phillip City cretary-Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr., City Attor y
URBAN MASS TRANSPORTATION
AMENDATORY AGREEMENT
Project No. TX-03-0016
Amendment No. 1
AMENDMENT TO URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT
This Amendatory Agreement by and between the City of
Lubbock (herein called the "Public Body") -and the United
States of America (herein called the "Government") WITNESSETH:
WHEREAS, the parties have entered into a Mass Trans-
portation Capital Grant Contract as of the 17th day of
December 1974, pursuant to which the Public Body agreed to
undertake a Mass Transportation Capital Improvement Project
and the Government agreed to provide financial assistance to
the Public Body in the form of a Mass Transportation Capital
Grant; and
WHEREAS, the purpose of this Amendment is to revise the
Urban Mass Transportation Capital Grant Contract to allow
for changes in the description of the Project;
NOW, THEREFORE, in consideration of the mutual promises
herein set forth, the parties hereto agree that the Mass
Transportation Capital Grant Contract shall be amended as
follows:
Sec. 1. The line items of Sec. 2 are amended to read as
follows: 1�)
Oil (,/SSCi L.I IJ�
"a. purchase of 25 new 19-23 passenger these 'A buses;
b. purchase of 27 new fareboxes;
c. purchase of 1 cyclone vacuum cleaner; and
d. purchase of 1 service truck."
Execution of Amendatory Agreement - This Amendatory
Agreement is in offer and acceptance form. It may be
simultaneously executed in several counterparts, each of
which shall be deemed to be an original having identical
legal effect. Upon acceptance of the offer, the effective
date of this Amendatory Agreement shall be the date this
offer was executed by the Government.
K
` Offer - When dated and signed by the Government, this
instrument shall constitute an offer which should be accepted
by the Public Body by execution within sixty (60) days of
such date. The Government may withdraw any offer not accepted
within the sixty-day period. Upon acceptance of the offer
the effective date of the Contract shall be the date on
which this offer was executed by the Government.
TbE- overnment has duly executed this offer this
day of� 02197519
BY
TITLE: ASSOCIATE ADMINISTRATOR
Acceptance - The Public Body does hereby ratify and
adopt all statements, representations, warranties, covenants,
and agreements contained in the Application and supporting
materials submitted by it, and does hereby accept the conditions
thereof.
Executed this 23rd day of October , 19 75 .
SEAL
ATTEST:
Treva Phillips
TITLE: City Secretary -Treasurer
CITY OF LUBBOCK,...TFXNS
BY:Avl*;L".
MAYOR', Roy Bass
TITLE: MAYOR
Certificate of Public Body's Attorney
I, Fred 0. Senter, Jr. , acting as Attorney for
the Public Body do hereby certify that I have examined this
Amendatory Agreement and the proceedings taken by the Public
Body relating thereto, and find that the acceptance of the
Government's offer by the Public Body has been duly authorized
by the Public Body's action dated Oct. 23, 1975 (a copy of
which has been submitted) and that the execution of this
Amendatory Agreement is in all respects due and proper and
in accordance with applicable State and local law and further
..
3
that, in my opinion, said Amendatory Agreement constitutes
legal and binding obligations of the Public Body in accordance
with the terms thereof. I further certify that to the best
of my knowledge there is no legislation or litigation pending
or threatened which might affect the performance of the
Project in accordance with the terms of this Amendatory
Agreement.
Dated this = day of
TITLE City Attorney
City of Lubboc
M
of TJr4
• DEPARTMENT OF TRANSPORTATION
o Z
• URBAN MASS TRANSPORTATION ADMINISTRATION
WASHINGTON. D.C. 20590
Mr. B. H. McDaniel
Director of Traffic
City of Lubbock
P. 0. Box 200
Lubbock, Texas 79457 -
Re: Project No. TX-03-0016 -
Specifications for 24 Foot
Buses -
Dear Mr. McDaniel:
This confirms your October 22, 1975 telephone conversation with
Mr. Bender regarding the specifications for 24 foot buses.
As a supplement to UMTA's concurrence of October 15, 1975, item
4, Power Plant Compartment and Engine of the bus specifications
must be revised to state the desired engine type or indicate
that the manufacturer may provide either a gasoline or diesel
engine. In either case the award will be made to the lowest
responsive bidder in accordance with the provisions outlined
in Section III C of the External Operating Manual.
Sincerely,
Wilbur E. Hare
Director
Project Management Division
DEPARTMENT OF TRANSPORTATION . .
' URBAN MASS TRANSPORTATION ADMINISTRATION
�a`5 WASHINGTON, D.C. 20590
THE ADMINISTRATOR OCT 07
Mr. B..H. McDaniel
Director of Traffic
City of Lubbock
P. O. Box 200
Lubbock, Texas 79457
Re: Project No. TX-03-0016
Technical Amendment No. 1
Dear Mr. McDaniel:
I am pleased to advise you that the City of Lubbock's request for a technical
amendment to Project No. TX-03-0016 has been approved.
The technical amendment changes the scope of the project by allowing the
-purchase of 25 new 19-23 passenger, 25 foot buses in lieu of 13 new 31-35
passenger, 30 foot buses. Also, it allows the purchase of 13 additional
fare boxes. No additional funds are involved.
1
We -are enclosing two copies of the revised project budget. Also included are
five counterparts of an Offer of Contractual Assistance executed on behalf
of this Administration.
The aforementioned counterparts should be executed in accordance with appropriate
proceedings of the City Council and certified by the City's Attorney. In the
event the City's Attorney is unable to make the certifications because of pending
legislation or litigation which might affect the prosecution of the project, a
concise description of the reasons should be forwarded to UMTA. Three copies
of the executed counterparts and two certified copies of the authorizing pro-
ceedings should be returned to: Theodore A. Munter, UMTA, Assistant Chief
Counsel, UCC-30, 400 7th Street, S.W., Washington, D. C. 20590, within 60
days of the date appearing on this letter of transmittal.
In the event the counterparts cannot be returned within the 60-day period,
this office should be immediately notified by letter setting forth the
reason for the delay and requesting and extension of the offer.
We are looking forward to working with you in carrying out this worthwhile
project.
Sinc r ly,
ce
Robert E. Patricelli
Administrator
Enclosure
JOYS �'
k
" URBAN MASS TRANSPORTATION
AMENDATORY AGREEMENT
Project No. TX-03-0016
Amendment No. 1
AMENDMENT TO URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT
This Amendatory Agreement by and between the City of
Lubbock (herein called the "Public Body") -and the United
States of America (herein called the "Government") WITNESSETH:
WHEREAS, the parties have entered into a Mass Trans-
portation Capital Grant Contract as of the 17th day of
December 1974, pursuant to which the Public Body agreed to
undertake a Mass Transportation Capital Improvement Project
and the Government agreed to -provide financial assistance to
the Public Body in the form of a Mass Transportation Capital
Grant; and
WHEREAS, the purpose of.this Amendment is to revise the
Urban Mass Transportation Capital Grant Contract to allow
for changes in the description of the Project;
NOW, THEREFORE, in consideration of the mutual promises
herein set forth, the parties hereto agree that the Mass
Transportation Capital Grant Contract shall be amended as
follows:
Sec. 1. The line items of Sec. 2 are amended to read as
follows:
"a. purchase of 25 new 19-23 passenger diesel buses;
b. purchase of 27 new fareboxes;
c. purchase of l cyclone vacuum cleaner; and
d. purchase of l service truck."
Execution of Amendatory Agreement - This Amendatory
Agreement is in offer and acceptance form. It may be
simultaneously executed in several counterparts, each of
which shall be deemed to be an original having.identical ..
legal effect. Upon acceptance of the offer, the effective
date of this Amendatory Agreement shall be the date this
offer was executed by the Government.
2
Offer'- When dated and signed by the Government, this
instrument shall constitute an offer which should be accepted
by the Public Body by execution within sixty (60) days of
such date. The Government may withdraw any offer not accepted
within the sixty-day period. Upon acceptance of the offer
the effective date of the Contract shall be the date on
which this offer was executed by the Government.
TPT%fov nt has duly executed this offer this
day of 9
BY/t¢M��4
TITLE: ASSOCIATE ADMINISTRATOR
Acceptance - The Public Body does hereby ratify and
adopt all statements, representations, warranties, covenants,
and agreements contained in the Application and supporting .
materials submitted by it, and does hereby accept the Conditions
thereof.
23 t
Executed this day of 1Q' $
SEAL CITY OF LUBBOCI;,..-s=kS
ATTEST. BY. 1&4
TITLE: TITLE:
Certificate of Public Body's Attorney
I, , acting as Attorney for
the Public Body do hereby certify that I have examined this
Amendatory Agreement and the proceedings taken by the Public
Body relating thereto, and find that the acceptance of the
Government's offer by the Public Body has been duly authorized
by the Public Body's action dated (a copy of
which has been submitted) and that the execution of this
Amendatory Agreement is in all respects due and proper and
in accordance with applicable State and local law and further
1 '
`that, in my opinion, said Amendatory Agreement�constitutes
legal and binding obligations of the Public Body in accordance
with the terms thereof. I further certify that to the best
of my knowledge there is no legislation or litigation pending
or threatened which might affect the performance of the
Project in accordance with the terms of this Amendatory
Agreement.'
Dated this day of , 19
TITLE
. i
t
I
Y
APPROVED PROJECT BUDGET
Project Ho. TX-03-0016_ Technical Amendment No. I
City of Lubbock, Texas August 1975
The project budget and corresponding cost estimates are as follows:
10.01.32 Twenty-five new 19-23 passenger diesel buses $565,300
10.02.04 Twenty-seven new fare boxes 48,600
10.03.03 One cyclone vacuum cleaner 20,000
10.03.01 One service truck 7,500
32.00.00 Contingencies 64,140
ESTIMATED NET PROJECT COST $705,540
APPROVED FINANCING
Federal Grant (800) $564,432
-Local Share (20%) $141,108. .
Maximum Federal funds to be expended under this $564,432 grant.
CASH DISBURSEMENT
FY 76 4th Quarter $564,432